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FULL FREEDOM OF JUDICIARY

Moudud finds his hands tied

STAFF CORRESPONDENT
Law, Justice and Parliamentary Affairs Minister Moudud Ahmed yesterday said he feels the need for full independence and restoration of discipline in the judiciary, but it is not possible for him to implement his wishes since he holds a political position.
"I feel the same way Barrister Rokanuddin Mahmud or Amir-Ul
Islam feels but cannot express the feeling the way they can," Moudud said at a memorial meeting on Barrister Syed Ishtiaque Ahmed where the legal experts questioned the accountability and transparency in appointment of the judges with political link.
"Judges are appointed according to partisan identity, not considering their talent, character, quality,
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language skill or legal sense," Barrister Amir-Ul Islam told the meeting organised by Law Reporters Forum (LRF) at the National Press Club to mark the second death anniversary of Barrister Ishtiaque on July 12.
The worst thing that has happened to the judiciary is arbitrary appointment of the judges, Barrister Amir said and asked, "If the judges are appointed arbitrarily, how will they ensure justice for people and uphold the constitution?"
There would be no discipline in the judiciary unless this trend is topped, he noted.
"The judges themselves are blocking the stream of justice. They are destroying the very platform they are supposed to deliver from," said Barrister Amir, convenor of proopposition Sammilito Ainjibi Samannoy Parishad. The law minister, however, maintained that the judiciary is independent though it is yet to be separated from the executive. "Judges are given total freedom and the constitution or law is not responsible if they themselves violate their own freedom."
It is natural that politicians will look at things from political perspectives, but it is the responsibility of the judges to protect the judiciary, Moudud added. He, however, said it is difficult to find out neutral people for appointment as judge.
Bangladesh Bar Council Vicechairman Barrister Rokanuddin Mahmud said the judiciary has been dogged by an "acute crisis" not seen before in the last 35 years. The professional freedom of the lawyers is also being violated, he noted.
"Barrister Ishtiaque Ahmed would be the right person to resolve the current crisis," Rokanuddin said. "Now you are the right person to bring an end to the crisis of the institution (judiciary)," he said referring to the law minister.
"But you are pretending to be helpless. I do not think you will lose anything even if you lose the post of minister in trying to bring discipline to the entire judicial system including the appointment process," he told Moudud. Otherwise, he warned, the rule of law in the country would be in jeopardy in the future.
Barrister Amir suggested formation of a Judicial Service Commission for regulating the appointment process of the judges and conducting academic evaluation to ensure quality of judicial service. He also suggested putting in place a permanent inspection system to ensure transparency and accountability of the judiciary.
At the meeting chaired by LRF President Faruk Kazi, other speakers including Communications Minister Nazmul Huda, Awami League Economics Cell Chief AMA Muhit, Daily Amar Desh Advisory Editor Ataus Samad and LRF General Secretary Abdur Rahman recalled the memories of the late Barrister Ishtiaque and his contribution to establishing the rule of law and the fall of the autocratic Ershad regime.
They paid tribute to the late jurist for his honesty, humbleness, and friendliness and for his equal treatment to all in dealing legal issues. "We all must practise the 'unblemished life' of Barrister Ishtiaque," said AMA Muhit.